What happens if a surgeon makes a mistake

Let's now switch to a medical example and use the previous scenario of a surgeon severing a blood vessel. Was that really an accident sometimes referred to as an unavoidable or foreseeable complication , or was it negligence?

How do you tell? You start by looking at the surgery and the complication rate. Some operations are simply more difficult than others. For example, a hernia surgery is a very common surgery that has a very low rate of complications.

It would be very unusual for a surgeon to sever a blood vessel during a hernia surgery. On the other hand, some surgeries are extraordinarily difficult.

They are so difficult that they might have a very high complication rate. If, for example, the surgeon was trying to remove a tumor that had wrapped itself around a major blood vessel, that might be an operation that is almost impossible to perform without slicing the blood vessel. In that case, the slicing of the blood vessel would generally be considered to be a foreseeable complication or an unfortunate accident and not negligence. A physician's error can be called a mistake or a fault, or even an oversight or a blunder, but these are all the same thing -- physician negligence.

There are two main types of mistakes that a physician can make, an error in judgment or an error in carrying out the treatment i. Catastrophic collisions are often caused by large trucks, including:.

Motorcycle riders have the same rights as other road users. Other motorists on the road should respect motorcycle riders and have their safety in mind. However, this isn't always the case. Drivers on roads often fail to see, and even disregard motorcyclists, leading to serious accidents and life changing injuries. Our attorneys are always here to help.

Contact us. Paul M. What is a Medical Error? Medical Malpractice vs. The plaintiff must prove an official doctor-patient relationship existed with the defendant. The plaintiff must show how the defendant failed to meet the standard of care in the given situation. Other common examples of medical malpractice include: A doctor neglects to review a pathology report showing her patient has cancer, causing a missed or delayed diagnosis that would have prompted curative treatment.

A surgeon operates on an incorrect organ or body part. A surgeon leaves an instrument, or piece of gauze inside a patient. A patient is prematurely discharged due to missing or unreviewed information in their medical charting.

As humans, we make mistakes. Nobody is perfect. As such, the law allows patients to hold doctors accountable for these mistakes. When a doctor makes a mistake, it may constitute medical malpractice. If you think you may have a medical malpractice claim, contact a licensed Florida malpractice attorney without delay. The law is designed to prevent frivolous lawsuits against healthcare professionals. Consequently, there is a very high standard that petitioners must meet to file a medical malpractice claim.

Florida defines medical malpractice as a breach of the normal standard of care as is typical for similar healthcare professionals. The following are examples of medical malpractice:. There is a big difference between a medical error, and issues that can spring up during treatment, and medical malpractice. In order for it to be considered medical malpractice, a doctor or other medical professional needs to violate the standard of care in a way that causes harm to the patient.

A doctor can also adhere to the standard of care and a patient can still end up injured. The first thing to understand is that you have rights.

The law allows patients to file a malpractice claim up to two years after the date of the injury. While two years may seem like a lot of time, this is two years shorter than you have to file most other personal injury claims in Florida. This is why it is extremely important to talk to an experienced malpractice attorney right away. There are several steps involved in making a medical malpractice claim , and it can take a long time to build a solid case. If you believe you have a malpractice claim, contact an attorney right away.

Do not contact the hospital or doctor you believe is at fault. In some cases, the healthcare provider may be aware of his or her mistake and may try to offer you a settlement to prevent legislation. In most cases, this will be far less than what your injuries are worth.

Do not sign anything or accept any offers without talking to a licensed attorney first. While the burden of proof is on the plaintiff, the good news is that your lawyer will do most of the work.

To prove medical malpractice you must be able to show the following:. This may include:. This can be disappointing for the surgeon to have to go through but you will find that it is much more common than you think.

The good news for surgeons is that they are usually a part of a surgical indemnity scheme. This means that they are protected legally and financially for any kind of mistake that they make.

Any surgeons without this kind of cover should make sure that they get it from a respected company quickly. As scary as it sounds, surgeons make mistakes all of the time across the country. If you are someone who has been a victim of a surgical mistake then you should ensure that you pay close attention to the steps that you need to take.

It might be worth getting in touch with a lawyer to ensure that you are not losing out on anything.